Hello Ross,

Thank you very much. I'm almost see whole picture.

May I ask few more questions ? About Exhibit A.

Requirement for Exhibit A arise from chapter 2.7
of NSIRLA and Exhibit A must be developed by registrar ?

Is there any exact definition of term "registrant",
common for all registrars ? Is "registrant" equivalent
to "SLD holder" ?

My next question depend on answers.

Thank you,
sK



>> As I remember, maybe I wrong, there is nothing about RSPs
>> in ICANN contract. Only chain registry-registrar-registrant.
>> 

RWR> Correct.

>> Registrar pay to registry, registrant pay to registrar.
>> So, registrant is person or organization who pay registrar
>> for domains.
>> If RSP pay registrar for domain, it mean that registrant == RSP.

RWR> Incorrect. The Registrant is the individual or entity that has
RWR> contracted with the registrar for the service through the terms in
RWR> Exhibit A. Who paid might help sort out the facts in extreme
RWR> circumstances, but it doesn't have a lot of bearing day to day.

>> And registrant can do with domain whatever he want - even 
>> sell or lease them and can modify any information in his 
>> domains as long as he pay for them.
>> 

RWR> Correct.

>> This simple scheme work for lot's of registrars with 
>> resellers, but somehow not for OpenSRS, but OpenSRS have 
>> other advantages, so not much resellers care about this. 

RWR> Incorrect. The situation that you describes prevents registrants from
RWR> effectively managing their domain name because of third party
RWR> interference with the registration and management of the domain name. 

RWR> Our policy is pretty clear and pretty fair - if you are listed as one of
RWR> the contacts, then we presume that you are acting on behalf of the
RWR> registrant unless they tell us otherwise. If you abide by these rules,
RWR> then there is no reason why you can't make the modifications, etc. that
RWR> you need to. 

>> other advantages, so not much resellers care about this. 

RWR> Resellers should continue to care about this kind of thing, but please,
RWR> never assume that any of this is simple. It'll be a long time before we
RWR> let the "simple schemes" of uninformed registrars set the bar for our
RWR> behavior.

RWR>                        -rwr




RWR> "There's a fine line between fishing and standing on the shore like an
RWR> idiot."
RWR> - Steven Wright

RWR> Get Blog... http://www.byte.org/


 

>> -----Original Message-----
>> From: [EMAIL PROTECTED] 
>> [mailto:[EMAIL PROTECTED] On Behalf Of Sergei Kolodka
>> Sent: Monday, February 24, 2003 10:33 AM
>> To: [EMAIL PROTECTED]
>> Subject: Re: Back to OpenSRS I come
>> 
>> 
>> Hello Ross,
>> 
>> As I remember, maybe I wrong, there is nothing about RSPs
>> in ICANN contract. Only chain registry-registrar-registrant.
>> 
>> Registrar pay to registry, registrant pay to registrar.
>> So, registrant is person or organization who pay registrar
>> for domains.
>> If RSP pay registrar for domain, it mean that registrant == RSP.
>> 
>> And registrant can do with domain whatever he want - even 
>> sell or lease them and can modify any information in his 
>> domains as long as he pay for them.
>> 
>> This simple scheme work for lot's of registrars with 
>> resellers, but somehow not for OpenSRS, but OpenSRS have 
>> other advantages, so not much resellers care about this. 
>> Different scheme uses GoDaddy - they use resellers, but they 
>> charge directly customer, so for GoDaddy registrant == 
>> customer, and reseller definitely can't change nothing in 
>> domains, he didn't pay for them.
>> 
>> Am I wrong ?
>> 
>> 
>> -- 
>> sK
>> 
>> 
>> RWR> No - modifications to a record that are made without the 
>> RWR> appropriate consent (explicit or implicit) brings liability that 
>> RWR> the modifier would exclusively bear. I'm not aware that we are 
>> RWR> engaging in this type of behavior as a registrar, so I 
>> would have 
>> RWR> to say no, its not a risk that we incur as well.
>> 
>> >> I am especially interested in this "violation of ICANN regs" since 
>> >> every registrar in existence does what pleases them best anyway, 
>> >> despite contracts with ICANN, ICANN states not to be the party to 
>> >> enforce, so where does that lead in the end.
>> 
>> RWR> I'm not going to be an apologist for ICANN - they should be 
>> RWR> enforcing their contracts. And while I said ICANN, I 
>> would be far 
>> RWR> happier if the registries started enforcing theirs - a 
>> much better 
>> RWR> place to start.
>> 
>> RWR> Thanks,
>> 
>> 
>> RWR>                      -rwr
>> 
>> 
>> 
>> 
>> RWR> Got Blog? http://www.byte.org
>> 
>> RWR> "People demand freedom of speech as a compensation for 
>> the freedom 
>> RWR> of thought which they seldom use."
>> RWR>  - Soren Kierkegaard
>> 
>> 
>> 
>> RWR> ----- Original Message -----
>> RWR> From: "Abel Wisman" <[EMAIL PROTECTED]>
>> RWR> To: <[EMAIL PROTECTED]>
>> RWR> Cc: <[EMAIL PROTECTED]>
>> RWR> Sent: Monday, February 24, 2003 4:29 AM
>> RWR> Subject: RE: Back to OpenSRS I come
>> 
>> 
>> >> Care to explain, besides the liability towards the customer, 
>> >> something the registrar has in your case, what ground 
>> there would be 
>> >> to be sued out of existence ? And isn't that a risk 
>> tucows/OpenSRS is 
>> >> running as well ?
>> >>
>> >> I am especially interested in this "violation of ICANN regs" since 
>> >> every registrar in existence does what pleases them best anyway, 
>> >> despite contracts with ICANN, ICANN states not to be the party to 
>> >> enforce, so where does that lead in the end.
>> >>
>> >> Abel
>> >>
>> >>
>> >> -----Original Message-----
>> >> From: [EMAIL PROTECTED] 
>> >> [mailto:[EMAIL PROTECTED] On Behalf Of Ross Wm. Rader
>> >> Sent: 24 February 2003 04:19
>> >> To: ezgoing
>> >> Cc: I-Dotter.com OpenSRS-Discus; [EMAIL PROTECTED]
>> >> Subject: Re: Back to OpenSRS I come
>> >>
>> >>
>> >> >>
>> >> >>SK> All I want to say - sometimes price isn't reason why peoples 
>> >> >>SK> leave
>> >>
>> >> >>SK> OpenSRS. There are other, much more important factors.
>> >> >>
>> >>
>> >> Actually ez, all of this is a lot more straightforward 
>> than you make 
>> >> it out to be. If you check out the policies portion of the 
>> website, 
>> >> you'll note that resellers that have the registrant name them the 
>> >> technical contact makes things a lot easier for 
>> themselves...without 
>> >> violating ICANN regs and more importantly, without putting 
>> themselves 
>> >> on the line liability wise. It won't be long before one of the 
>> >> registrars that allows what you advocate in the manner that you 
>> >> advocate gets sued out of existence.
>> >>
>> >> -rwr
>> >>
>> >>
>> >>
>> >>
>> 
>> 

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